{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-920.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-920.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-920.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-920.1.html"}],"law_id":79642,"edition_id":1,"section_id":79642,"structure_id":14886,"section_number":"46.2-920.1","catch_line":"Operation of tow trucks or vehicles owned or controlled by the Department of Transportation under certain circumstances; incident management","history":"1990, c. 470; 2007, cc. 189, 918; 2012, cc. 27, 108; 2017, c. 350.","full_text":"A\n\nWhen operating at or en route to or from the scene of a traffic accident or similar emergency and when specifically directed by a law-enforcement officer present at the scene of a motor vehicle crash or similar incident, tow truck operators or vehicles owned or controlled by the Department of Transportation may:1\n\nOperate on a highway in a direction opposite that otherwise permitted for traffic;2\n\nCross medians of divided highways;3\n\nUse cross-overs and turn-arounds otherwise reserved for use only by authorized vehicles;4\n\nDrive on a portion of the highway other than the roadway;5\n\nStop or stand on any portion of the highway; and6\n\nOperate in any other manner as directed by a law-enforcement officer at the scene.B\n\nWhen operating at, en route to, or from the scene of a traffic accident or similar emergency, a vehicle operated pursuant to a Department of Transportation safety service patrol program or pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in this subsection, with due regard to the safety of persons and property and without direction of law enforcement, may overtake and pass stopped or slow-moving vehicles by going off the paved or main traveled portion of the highway on the right or on the left. For purposes of this chapter and Chapter 12 (§ 46.2-1200 et seq.), “safety service patrol program” means a program or service sponsored or operated by the Department of Transportation that assists stranded motorists and provides traffic control during traffic incidents, including traffic accidents and road work, and “traffic incident management services” means services provided in response to any event or situation on or affecting the Department of Transportation right-of-way that impedes traffic or creates a temporary safety hazard.C\n\nNothing in this section, however, shall (i) immunize the driver of any such vehicle from criminal prosecution for conduct constituting reckless disregard of the safety of persons and property or (ii) release the driver of any such vehicle from any civil liability for failure to use reasonable care in operations permitted in this section. However, drivers of vehicles owned or operated by the Department of Transportation and employees of the Commonwealth are immune for acts of simple negligence for claims of civil liability arising from the operation of such vehicles pursuant to this section.","order_by":null,"text":{"0":{"id":285363,"text":"When operating at or en route to or from the scene of a traffic accident or similar emergency and when specifically directed by a law-enforcement officer present at the scene of a motor vehicle crash or similar incident, tow truck operators or vehicles owned or controlled by the Department of Transportation may:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":285364,"text":"Operate on a highway in a direction opposite that otherwise permitted for traffic;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":285365,"text":"Cross medians of divided highways;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":285366,"text":"Use cross-overs and turn-arounds otherwise reserved for use only by authorized vehicles;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":285367,"text":"Drive on a portion of the highway other than the roadway;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":285368,"text":"Stop or stand on any portion of the highway; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":285369,"text":"Operate in any other manner as directed by a law-enforcement officer at the scene.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":285370,"text":"When operating at, en route to, or from the scene of a traffic accident or similar emergency, a vehicle operated pursuant to a Department of Transportation safety service patrol program or pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in this subsection, with due regard to the safety of persons and property and without direction of law enforcement, may overtake and pass stopped or slow-moving vehicles by going off the paved or main traveled portion of the highway on the right or on the left. For purposes of this chapter and Chapter 12 (§ 46.2-1200 et seq.), “safety service patrol program” means a program or service sponsored or operated by the Department of Transportation that assists stranded motorists and provides traffic control during traffic incidents, including traffic accidents and road work, and “traffic incident management services” means services provided in response to any event or situation on or affecting the Department of Transportation right-of-way that impedes traffic or creates a temporary safety hazard.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":285371,"text":"Nothing in this section, however, shall (i) immunize the driver of any such vehicle from criminal prosecution for conduct constituting reckless disregard of the safety of persons and property or (ii) release the driver of any such vehicle from any civil liability for failure to use reasonable care in operations permitted in this section. However, drivers of vehicles owned or operated by the Department of Transportation and employees of the Commonwealth are immune for acts of simple negligence for claims of civil liability arising from the operation of such vehicles pursuant to this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14886,"edition_id":1,"name":"Emergency Vehicles","identifier":"15","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:50:33","date_modified":"2026-06-26 03:50:33","permalink":{"id":230573,"object_type":"structure","relational_id":14886,"identifier":"15","token":"46.2\/III\/8\/15","url":"\/46.2\/III\/8\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56835,"structure_id":14886,"section_number":"46.2-920","catch_line":"Certain vehicles exempt from regulations in certain situations; exceptions and additional requirements","url":"\/46.2-920\/","token":"46.2\/III\/8\/15\/46.2-920","metadata":false},{"id":79642,"structure_id":14886,"section_number":"46.2-920.1","catch_line":"Operation of tow trucks or vehicles owned or controlled by the Department of Transportation under certain circumstances; incident management","url":"\/46.2-920.1\/","token":"46.2\/III\/8\/15\/46.2-920.1","metadata":false},{"id":72582,"structure_id":14886,"section_number":"46.2-920.1:1","catch_line":"Portable changeable message signs; certain vehicles","url":"\/46.2-920.1_1\/","token":"46.2\/III\/8\/15\/46.2-920.1_1","metadata":false},{"id":80517,"structure_id":14886,"section_number":"46.2-920.2","catch_line":"Operation of vehicles owned or controlled by the Wildlife Center of Virginia","url":"\/46.2-920.2\/","token":"46.2\/III\/8\/15\/46.2-920.2","metadata":false},{"id":68032,"structure_id":14886,"section_number":"46.2-921","catch_line":"Following or parking near fire apparatus or emergency medical services vehicle","url":"\/46.2-921\/","token":"46.2\/III\/8\/15\/46.2-921","metadata":false},{"id":60395,"structure_id":14886,"section_number":"46.2-921.1","catch_line":"Repealed","url":"\/46.2-921.1\/","token":"46.2\/III\/8\/15\/46.2-921.1","metadata":false},{"id":64413,"structure_id":14886,"section_number":"46.2-922","catch_line":"Driving over fire hose","url":"\/46.2-922\/","token":"46.2\/III\/8\/15\/46.2-922","metadata":false}],"previous_section":{"id":56835,"structure_id":14886,"section_number":"46.2-920","catch_line":"Certain vehicles exempt from regulations in certain situations; exceptions and additional requirements","url":"\/46.2-920\/","token":"46.2\/III\/8\/15\/46.2-920","metadata":false},"next_section":{"id":72582,"structure_id":14886,"section_number":"46.2-920.1:1","catch_line":"Portable changeable message signs; certain vehicles","url":"\/46.2-920.1_1\/","token":"46.2\/III\/8\/15\/46.2-920.1_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-920.1\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 470 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapters 189<\/a> and 918<\/a>; in 2012, chapters 27<\/a> and 108<\/a>; in 2017, chapter 350<\/a>.<\/p>","references":[{"id":72396,"section_number":"46.2-1029.2","catch_line":"Certain vehicles may be equipped with secondary warning lights","order_by":null,"url":"\/46.2-1029.2\/"},{"id":74430,"section_number":"46.2-1210","catch_line":"Motor vehicles immobilized by weather conditions, accidents, or emergencies","order_by":null,"url":"\/46.2-1210\/"},{"id":62123,"section_number":"46.2-1212.1","catch_line":"Authority to provide for removal and disposition of vehicles and cargoes of vehicles involved in accidents","order_by":null,"url":"\/46.2-1212.1\/"},{"id":78559,"section_number":"46.2-808.1","catch_line":"Use of crossovers on controlled access highways; penalty","order_by":null,"url":"\/46.2-808.1\/"},{"id":75401,"section_number":"46.2-818.2","catch_line":"Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty","order_by":null,"url":"\/46.2-818.2\/"},{"id":57236,"section_number":"46.2-841","catch_line":"When overtaking vehicle may pass on right","order_by":null,"url":"\/46.2-841\/"}],"refers_to":[{"id":61628,"section_number":"46.2-1200","catch_line":"Definitions","order_by":null,"url":"\/46.2-1200\/"}],"permalink":{"id":230579,"object_type":"law","relational_id":79642,"identifier":"46.2-920.1","token":"46.2\/III\/8\/15\/46.2-920.1","url":"\/46.2-920.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-920.1\/","token":"46.2\/III\/8\/15\/46.2-920.1","dublin_core":{"Title":"Operation of tow trucks or vehicles owned or controlled by the Department of Transportation under certain circumstances; incident management","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-920.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When operating at or en route to or from the scene of a traffic accident or similar emergency and when specifically directed by a law<\/span>-enforcement officer<\/span> present at the scene of a motor vehicle<\/span> crash or similar incident, tow truck<\/span> operators<\/span> or vehicles<\/span> owned or controlled by the Department<\/span> of Transportation may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Operate on a highway<\/span> in a direction opposite that otherwise permitted for traffic; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Cross medians of divided highways<\/span><\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Use cross-overs and turn-arounds otherwise reserved for use only by authorized vehicles<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Drive on a portion of the highway<\/span> other than the roadway<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Stop or stand on any portion of the highway<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Operate in any other manner as directed by a law<\/span>-enforcement officer<\/span> at the scene. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When operating at, en route to, or from the scene of a traffic accident or similar emergency, a vehicle operated pursuant to a Department<\/span> of Transportation safety service patrol program<\/span> or pursuant to a contract<\/span> with the Department<\/span> of Transportation for, or that includes, traffic incident management services<\/span> as defined in this subsection, with due regard to the safety of persons and property and without direction of law<\/span> enforcement, may overtake and pass stopped or slow-moving vehicles<\/span> by going off the paved or main traveled portion of the highway<\/span> on the right or on the left. For purposes of this chapter and Chapter 12 (§ 46.2-1200<\/a> et seq.), “safety service patrol program<\/span>” means a program or service sponsored or operated by the Department<\/span> of Transportation that assists stranded motorists and provides traffic control during traffic incidents, including traffic accidents and road work, and “traffic incident management services<\/span>” means services provided in response to any event or situation on or affecting the Department<\/span> of Transportation right-of-way that impedes traffic or creates a temporary safety hazard. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section, however, shall (i) immunize the driver<\/span> of any such vehicle from criminal prosecution<\/span> for conduct constituting reckless disregard of the safety of persons and property or (ii) release the driver<\/span> of any such vehicle from any civil liability for failure to use reasonable care in operations permitted in this section. However, drivers<\/span> of vehicles<\/span> owned or operated by the Department<\/span> of Transportation and employees of the Commonwealth are immune for acts of simple negligence<\/span> for claims of civil liability arising from the operation of such vehicles<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOPERATION OF TOW TRUCKS OR VEHICLES OWNED OR CONTROLLED BY THE DEPARTMENT OF\nTRANSPORTATION UNDER CERTAIN CIRCUMSTANCES; INCIDENT MANAGEMENT (\u00a7 46.2-920.1)\n\nA. When operating at or en route to or from the scene of a traffic accident or\nsimilar emergency and when specifically directed by a law-enforcement officer\npresent at the scene of a motor vehicle crash or similar incident, tow truck\noperators or vehicles owned or controlled by the Department of Transportation\nmay:\n\n 1. Operate on a highway in a direction opposite that otherwise permitted for\n traffic;\n\n 2. Cross medians of divided highways;\n\n 3. Use cross-overs and turn-arounds otherwise reserved for use only by\n authorized vehicles;\n\n 4. Drive on a portion of the highway other than the roadway;\n\n 5. Stop or stand on any portion of the highway; and\n\n 6. Operate in any other manner as directed by a law-enforcement officer at the\n scene.\n\nB. When operating at, en route to, or from the scene of a traffic accident or\nsimilar emergency, a vehicle operated pursuant to a Department of Transportation\nsafety service patrol program or pursuant to a contract with the Department of\nTransportation for, or that includes, traffic incident management services as\ndefined in this subsection, with due regard to the safety of persons and\nproperty and without direction of law enforcement, may overtake and pass stopped\nor slow-moving vehicles by going off the paved or main traveled portion of the\nhighway on the right or on the left. For purposes of this chapter and Chapter 12\n(§ 46.2-1200 et seq.), “safety service patrol program” means a\nprogram or service sponsored or operated by the Department of Transportation\nthat assists stranded motorists and provides traffic control during traffic\nincidents, including traffic accidents and road work, and “traffic\nincident management services” means services provided in response to any\nevent or situation on or affecting the Department of Transportation right-of-way\nthat impedes traffic or creates a temporary safety hazard.\n\nC. Nothing in this section, however, shall (i) immunize the driver of any such\nvehicle from criminal prosecution for conduct constituting reckless disregard of\nthe safety of persons and property or (ii) release the driver of any such\nvehicle from any civil liability for failure to use reasonable care in\noperations permitted in this section. However, drivers of vehicles owned or\noperated by the Department of Transportation and employees of the Commonwealth\nare immune for acts of simple negligence for claims of civil liability arising\nfrom the operation of such vehicles pursuant to this section.\n\nHISTORY: 1990, c. 470; 2007, cc. 189, 918; 2012, cc. 27, 108; 2017, c. 350.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}